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major powers fuellingatrocitieswhy the world needs a robustarms trade treaty

Every year, thousands of people are killed,

injured, raped and forced to flee from their

homes as a result of abuses and atrocities

committed with conventional arms and

ammunition. Harrowing testimonies

and images from conflict zones and human

rights crises around the world underline

the urgent need to end irresponsible arms

transfers and illicit trafficking.

The UN process arising from worldwide civil

society and political pressure to negotiate

an Arms Trade Treaty (ATT), in order to

establish international standards for the

control of the global arms trade, was

supposed to conclude in July 2012 at the

month-long UN Conference on the Arms

Trade Treaty. Progress was made but the

Conference ended without agreement

because of the blocking tactics of a small

minority of states. The draft text of the

Treaty includes several provisions that

address human rights but these provisions

and other key measures still need to be

strengthened.

Since then, Amnesty International and

hundreds of other NGOs have continued

their long campaigns to achieve an

effective ATT, and in March 2013 UN

member states will reconvene in New York

for nine days of negotiations to finalize this

Treaty. Several states, including the

Permanent Five Members of the UN

Security Council – China, France, the

Russian Federation, the UK and the USA

– are responsible for most of the world’s

conventional arms sales and aid and they

will be pivotal in deciding whether an

effective ATT predicated on respect for

human rights is concluded.

This briefing illustrates the role of each of

the Permanent Five in the global arms

markets, and highlights key measures in

the Treaty that need to be improved.

Amnesty International is calling on political

leaders and state officials to use their

influence to secure an effective ATT

by the end of March 2013.

cHina’s small arms tradeMost of China’s conventional arms are

made by state-owned companies. The

main manufacturers of small arms and

light weapons (SALW) are the China North

Industries Group Corporation (Norinco

Group) and the China South Industries

Group Corporation (CSGC). Between them,

these two companies manufacture all types

of SALW, including assault rifles, machine

guns, grenade launchers, and mortars and

their associated ammunition.

Under Chinese legislation, weapons,

munitions and related equipment should

only be exported from China by state-owned

export companies such as Norinco

Corporation, which is the main importer/

exporter for the Norinco Group and CSGC,

and Poly Technologies Inc, which supplied

arms carried on a ship headed for

Zimbabwe in 2008, generating an

international outcry.

Chinese SALW have been found in

countries subject to UN Security Council

arms embargoes, or where they are likely to

be used to commit or facilitate crimes under

international law or human rights abuses,

amnesty international march 2013 Index: aCt 30/001/2013

“The missile struck the roof

just above where they were

gathered. It was a massacre.

Three of my daughters were

killed and the fourth one was

badly injured; the other

children had horrible injuries...

Why bomb innocent civilians in

their homes? How can this be

allowed?”

ahmad sulayman, whose daughters were among the victimsof a double air strike on a house in tarmala, Jabal al-Zawiya,syria, on 20 august 2012.

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Above: Homes and shops devastated by an air

strike in the Tariq al-Bab district of Aleppo,

Syria, August 2012.

Right: Hundreds of photos of the disappeared

outside the North Court in Benghazi, Libya,

April 2011.

such as the Democratic Republic of the

Congo and the Darfur and other regions

of Sudan. It is not always known whether

China has supplied these directly, but

Chinese weapons, such as QLZ87

Automatic Grenade Launchers, have been

seen repeatedly in Darfur and more recently

in Southern Kordofan. In 2011, the UN

Panel of Experts, which monitors

enforcement of the UN arms embargo on

Darfur, reported that significant volumes of

small arms ammunition used in Darfur by

the Sudanese Armed Forces, other security

agencies and government-backed militia

groups appear to be Chinese-

manufactured, carrying marking-codes

used by Chinese military corporations.

China’s arms export regulations do

not specify criteria that would deny

authorization for arms transfers to proceed

when the arms are likely to be used for

serious violations of international human

rights law or humanitarian law. Rather,

China’s three principles for exporting arms

are: “(1) conduciveness to the capability for

just self-defence of the recipient country;

(2) no injury to the peace, security and

stability of the region concerned and the

Index: aCt 30/001/2013 amnesty international march 2013

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documents found by a Canadian journalist in

libya after the fall of the al-Gaddafi

government revealed that representatives of

al-Gaddafi’s government visited beijing in

July 2011. they met officials from the Chinese

state-owned companies, China north

Industries Corporation, the China national

precision machinery Import-export Corp

(CpmIeC) and China Xinxing Import and

export Corporation to discuss purchasing

us$200 million worth of weapons. The Globe

and Mail described secret talks about arms

shipments from China via algeria and south

africa. although there is no evidence that the

weapons were exported, the Chinese

companies appeared willing to sell to the

al-Gaddafi government while it was subject

to a un security Council arms embargo.

at the time of these negotiations, conflict in

libya continued to rage between pro- and anti-

al-Gaddafi forces and the international forces

led by nato. al-Gaddafi forces had committed

serious violations of international humanitarian

law, including war crimes, and gross human

rights violations. using a wide array of

conventional arms, they deliberately killed and

injured scores of unarmed protesters, subjected

people they believed to be opponents to

enforced disappearance, torture and other ill-

treatment, and arbitrarily detained scores of

civilians. they launched mortar, artillery and

rocket attacks, including into residential areas,

and used inherently indiscriminate weapons

such as anti-personnel mines and cluster

bombs, leading to numerous civilian

casualties. they extrajudicially executed people

who had been captured and restrained, and

were posing no threat.

the Chinese foreign ministry claimed no

knowledge of these talks, and Chinese

officials had previously stated that

companies wishing to export weapons must

obtain permission from the appropriate

government agency before opening talks.

lIbya: dId the Government of ChIna faIl to Controlstate-owned CompanIes?

world as a whole; (3) no interference in the

internal affairs of the recipient country.”

These allow wide leeway to grant

irresponsible arms export licences. Also, the

lack of transparency in Chinese reporting

makes it difficult to scrutinize the quantity

or destinations of exported arms unless

these are belatedly revealed abroad.

China has said it accepts the need for the

ATT to include a provision for respect of

international human rights and humanitarian

law but has opposed strict rules for such

criteria. On the scope of the treaty, China

finally agreed in July to the inclusion of

SALW, largely due to pressure from

developing countries especially in Sub-

Saharan Africa, but it has objected to the

inclusion of government-to-government

transfers and “gifts”, which if agreed

would leave a big loophole for irresponsible

transfers.

france: transferringtecHnology to sudanIn Darfur the 10-year conflict continues

with no sign of resolution, and human

rights violations have remained

widespread. Despite this, international

attention has shifted to other events in

Sudan, including fighting which erupted in

Sudan’s Southern Kordofan and Blue Nile

states in mid-2011. During 2011,

government forces and government-allied

militia carried out attacks in Darfur,

including aerial bombardments, and there

were ground attacks by armed opposition

groups in and around towns and villages,

including camps for internally displaced

people (IDPs). Rape and other forms of

sexual violence by government forces and

allied militia against displaced women

and girls continued.

All the armed actors require all-terrain

vehicles to transport combatants through

the vast Darfur deserts. Some of these

trucks are European models, assembled

by the local Sudanese GIAD Automotive

Industry Company, including the Renault

Midlum trucks.

According to research by the International

Peace Information Service vzw (IPIS), a UK

Unreported World documentary on Darfur

broadcast in 2008 included images of a

GIAD manufactured Renault Midlum truck

in camouflage colours. These were being

used by the government-backed Janjaweed

militia who have committed gross human

rights violations. Between 2007 and 2009,

Amnesty International documented

repeated attacks on civilians by the

Janjaweed in Darfur.

IPIS has found that Renault Trucks, a

French company and subsidiary of Volvo,

transferred Midlum 210.13 4x4 trucks in

the form of “completely knocked down”

(CKD) kits of essential parts and components

– a specific form of technology transfer – to

GIAD, to assemble under licence. In 2004,

Renault Trucks Défense marketed these

trucks as “véhicules civils militarisables”, or

commercial vehicles that can be militarized.

Furthermore, since its inception in 1997,

the GIAD Industrial Complex has been

connected to the Military Industry

Corporation of Sudan: the Military Industry

Corporation of Sudan has a 25 per cent


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Above: A display of weapons left behind in

Misratah, Libya, after the withdrawal of al-

Gaddafi’s forces in May 2011.

share in GIAD. In 2007, the US Treasury

imposed sanctions on GIAD for “contributing

to the conflict in the Darfur region”.

Renault was not obliged to apply for an

export licence, because, according to the

French Ministry of Foreign Affairs these types

of trucks are on neither the European Union

(EU) military list nor the EU dual-use list.

Renault Trucks claimed that the trucks were

civilian and that they have stipulated that

they can only be for civilian end-use. This

is despite Renault Trucks marketing these

trucks in 2004 as “véhicules civils

militarisables”, and the trucks having been

used for military purposes by an armed

group in Darfur.

According to Renault Trucks, it “resumed

its business with GIAD and AEW [Advanced

Engineering Works Company] in 2010 on

the basis of the tacit renewal of the

condition prevailing under the ‘expired

contracts’.”

Another type of Renault vehicle – the light

reconnaissance and support (VLRA) – was

apparently photographed in December

2007 on a government military parade in

Sudan. Between 25 May 2005 and 21

May 2007, the Renault Trucks subsidiary

ACMAT, which is a French manufacturer

of “all-terrain vehicles”, reportedly exported

155 VLRA vehicles to Sudan. Renault

Trucks claimed that this transfer had

complied “with applicable laws and

regulations and with the formal prior

agreement of the French national

authorities”.

When Amnesty International wrote to

Renault Trucks in November 2012 for

clarification of the authorization from the

French authorities for the transfer of

the Midlum trucks and the VLRA vehicles

to Sudan, Renault Trucks reiterated its

previous position, conveyed to IPIS, “that

trucks are not weapons and that customers

must not modify or adapt the trucks for

military purposes”. In a letter dated

20 December 2012, the French Secrétariat

général de la défense et de la sécurité

nationale informed Amnesty International

that since 2005 no export licences for

military equipment to Sudan have been

issued by France.


5

arms embarGoes ondarfur/sudan

un security Council resolution 1556 (2004)

imposed an arms embargo on “all non-

governmental entities and individuals,

including the Janjaweed, operating in the

states of north darfur, south darfur and west

darfur”. one year later the un embargo was

extended to include “all the parties to the

n’djamena Ceasefire agreement and any other

belligerents in the states of north darfur,

south darfur and west darfur”. this permits

the government of sudan to receive arms

through Khartoum or port sudan, but not to

transfer them directly into darfur, without

prior approval from the un sanctions

Committee. the eu also imposed an embargo

on sudan in 1994, which prohibits member

states from supplying arms, munitions and

military equipment to any entity in sudan. the

european Council Common position of 9

January 2004 expanded this embargo to

include a ban on technical, financial,

brokering, transport and other assistance

relating to military activities and equipment.

Given the limitations of the un security

Council arms embargo which only covers

darfur, and has been poorly enforced, amnesty

International has called on all states to

suspend all international arms transfers to

the government of sudan and for the security

Council to extend the arms embargo to the

whole of the country. this would help prevent

further serious violations of international

humanitarian and human rights law.

Left: Five of seven women who were gang-

raped, beaten and robbed by Janjaweed militia

in July 2006 while collecting firewood. Aisha

(centre), sitting with her baby son Osman, was

seven months pregnant at the time. Zahya

(right) holds her 18-month-old daughter,

Fatima. South Darfur, April 2007.

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Given the dire human rights situation in

Darfur as well as other parts of Sudan, and

since the whole of Sudan is subject to an

EU arms embargo, Amnesty International

thinks it is incumbent on the French

government to make sure that these types

of vehicles, which can be used for military

purposes, are included in the military export

control list so any such exports are properly

regulated.

During the negotiations at the UN

Conference in July 2012, many states

wanted an ATT to expli citly include all types

of military vehicles, their parts and

components and technology transfers. The

case above illustrates the importance of

strict control of international transfers

of equipment, parts, components and

technology that can be assembled

and deployed for military purposes.

russian arms supplies tosyriaThe Russian Federation is the world’s second

largest arms trading country by value of its

exports. It exerts a significant influence in the

ATT negotiations and was the only major

arms exporter to abstain during the UN

General Assembly vote on 6 November 2012

to continue negotiations on an ATT.

Amnesty International has documented

various Russian arms supplies to countries

where they are likely to be used to commit

or facilitate serious violations of international

humanitarian and human rights law.

Examples include AK-style assault rifles

supplied to Libya under the al-Gaddafi

government, or Mi-24 helicopter gunships

supplied to Sudan despite the Sudanese

Air Force having previously used such

helicopters for aerial attacks on both military

and civilian objectives in Darfur.

arms to syrIa

There has been considerable speculation

about whether Russia has supplied arms

to Syria during the ongoing conflict. Before

2011, Russia was reportedly Syria’s biggest

arms supplier, accounting for 10 per cent of

all Russian arms exports, continuing the

role filled two decades earlier by the Soviet

Union. Since the beginning of the conflict,

Russia, alongside China, has blocked efforts

at the UN to impose an arms embargo and

sanctions on Syria, as well as the referral of

the situation to the International Criminal

Court. The Russian government has done

little publicly to quell suspicions about

further arms supplies to Syria during the

conflict and apparently attempted to deliver

refurbished attack helicopters during June

2012, shortly before aerial attacks by Syrian

government forces intensified in July 2012.

The internal armed conflict has now

engulfed most of the country and caused

thousands of casualties and hundreds of

thousands of displaced people and refugees

among the civilian population.

Indiscriminate air strikes and mortar

attacks, bomb attacks, extrajudicial

executions and summary killings, threats,

abductions and hostage-taking have

become commonplace. As of 11 January

2013, Amnesty International has received

the names of at least 33,000 people


6Below and right: An image from the UK

Unreported World documentary that was

broadcast in 2008 which shows a Midlum truck

that has been assembled by the GIAD

Automotive Industry Company. The GIAD logo

can be seen on the right-hand door of the truck.

Opposite page: A man salvages furniture after

his home was bombed by government forces in

the city of Maraat al-Numan in north-west

Syria, November 2012.

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reported to have died since the unrest

began in March 2011.

Syria operates mainly Soviet-era fighter jets

and helicopters, most delivered over 20

years ago, although apparently sometimes

refurbished. In addition, in 2008 Belarus

exported 33 MiG-23 fighter jets to Syria that

had originated from Russia, according to the

UN Register of Conventional Arms. Decisions

by a third country to re-export Russian

weaponry require authorization from Moscow,

and in 2006, Russia signed an agreement

with Syria “on monitoring the proper use of

specific types of military goods”.

The Syrian army has used a range of

aircraft in aerial attacks and air

bombardments during the conflict, and

analysis of online footage indicates that

these include Mig-21, Mig-23 and Su-24

fighter jets; Mi-8/17 transport helicopters

and Mi-24 and Mi-25 helicopter gunships.

Indiscriminate air bombardments by the

Syrian army have killed, maimed and

terrorized civilians across the country. Such

attacks, which do not distinguish between

civilian and military targets, constitute war

crimes. In September 2012, Amnesty

International witnessed daily air

bombardment, artillery and mortar strikes in

towns and villages throughout the region of

Jabal al-Zawiya and other parts of the Idlib

and north Hama regions. Unexploded

ordnance and remnants of weapons found

at the scene of strikes in the areas visited by

Amnesty International included: air

delivered Soviet-era unguided OFAB-100-

120 high explosive fragmentation bombs

and other unidentified unguided bombs

packed full of pieces of metal rods for

maximum impact; RBK-250 cluster bombs

containing ZAB-2.5 incendiary

submunitions; S5 rockets; and 122mm

artillery shells and 120mm mortars. The

deployment of such imprecise battlefield

weapons and munitions against residential

areas has dramatically increased the

number of civilian casualties and forced

massive civilian displacement.

In 2007 and 2008, Syria reportedly signed

contracts with Russia for the overhaul,

repair and upgrade of a number of fighter

jets and helicopter systems, including Mi-25

attack helicopters. In June 2012, Russia

reportedly attempted to ship a further three

of these overhauled helicopters to Syria on

board the MV Alaed, which had left the

Russian Baltic port of Baltiisk on 11 June

2012, but was reportedly forced to turn

around in the North Sea and return to port.

It was then reported in November 2012 that

the plans had been made to have the

helicopters flown to Syria, but it is not clear

whether these helicopters have reached

Syria. Iraq claimed to have denied

permission to overfly, according to an article

published by ProPublica. Whether or not

any or all the refurbished attack helicopters

have been delivered, Russia appears willing

to arm President al-Assad’s forces despite

the likelihood that these helicopters would

be used to commit further war crimes.

Syria also operates mainly Russian air

defence systems and it has been reported

that Syria has entered into contracts for new

or upgraded air and coastal missile defence

systems, and that deliveries of these systems

continued during 2011 and 2012. For

example, the first four battalions of the

modernized S-125-2M Pechora-2M (SA-3B

Mod) medium-range air defence missile

system were reportedly shipped to Syria in

2011, and four more were sent aboard the

Alaed cargo ship in June 2012.


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The Russian government has continued to

release statements on arms deals signed

and arms supplies to Syria which are, at

best, ambiguous. It claims no new weapons

have been delivered, but does not deny that

weapons and other military equipment may

be sent by Russia to Syria, albeit under old

contracts. Nevertheless, Russian Deputy

Foreign Minister Mikhail Bogdanov

reportedly claimed that “[w]hen making

decisions on supplies of certain weapons,

Russia always takes into consideration both

its international obligations in this sphere,

which we rigorously fulfil, and the situation

in a receiving country and a region in

general. We abstain from deliveries if we

have reasons to believe that they may

produce a destabilizing effect.”

Amnesty International urges Russia to end

the speculation about its continued arms

supplies to the Syrian armed forces by

immediately suspending all arms sales

and deliveries to Syria, including of

refurbished equipment, and supporting

the imposition of a comprehensive UN

arms embargo on the government of Syria.

Arms embargoes are needed where

weapons, munitions and related equipment

are being used to commit widespread or

systematic violations of human rights or war

crimes but such embargoes are usually

imposed too late. Therefore, a key objective

of the ATT should be to help prevent such

crises by requiring all states to refuse an

international transfer of conventional

arms where it poses a substantial risk

of contributing to serious violations of

international human rights or international

humanitarian law. States have an obligation

not to aid or assist another state knowing

that state would more likely than not use

that aid or assistance to commit war

crimes or serious violations of human rights

that are crimes under international law,

such as extrajudicial killings, enforced

disappearances and torture. This

prohibition should also be reflected

in the ATT.

uK: broKering and brassplate companiesOn 1 October 2008, the UK government

extended a degree of extra-territorial control

over arms brokers to include the

international transfer of small arms and light

weapons, including important new controls

on their transportation. However, there is

now increasing evidence that UK “brass

plate” companies are being used by foreign

arms brokers to facilitate the unlicensed

supply of weapons, munitions and related

equipment to countries where they are likely

to be used to commit or facilitate serious

human rights violations. Numerous brass

plate companies have been registered in

the UK with a UK trading address, but

owned by non-UK nationals. While brass

plate companies are legal entities in the UK,

they are typically run from outside of the

UK by non-domiciled owners and do not

have to declare their beneficiaries and real

owners, which use their UK company to

broker weapons between third countries

or are involved in the provision of closely

related activities such as the provision of

arms shipping and transport services.

major powers fuelling atrocities

why the world needs a robust arms trade treaty


8

Right: A Ukrainian-made T-72M1 main battle

tank in Mayom town, South Sudan, January

2012. These tanks have been among arms

transported clandestinely using front

organizations registered in the UK.

Far right: Nine-year-old Atong Aken weeps as

she clutches a suitcase in a makeshift camp for

internally displaced people in Mayan Abun,

southern Sudan. Atong and her mother were

separated when tens of thousands of people

fled the contested border town of Abyei during

an offensive, May 2011.

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uK front Company “arranGes”transport of tanKs to south sudan

UK brass plate companies were involved in

an international clandestine supply chain of

several large consignments of Ukrainian-

made T-72 tanks, artillery, multiple rocket

launch systems, rocket propelled grenades

and assault rifles to the government of

South Sudan, via Kenya. Amnesty

International’s findings show that the UK-

registered Marine Energy Trading Company

Ltd (METCO) time-chartered the ship MV

Radomyshl to carry the first consignment of

weapons. The MV Radomyshl, operated by

the Danube Shipping company of the

Ukraine, departed from the Ukrainian port

of Oktyabrsk on 14 September 2007 and

arrived in Mombasa, Kenya, on 29 October

2007. Ace Shipping Ltd of the Isle of Man

time-chartered the second arms shipment,

which arrived on the Beluga Endurance,

departing from Oktyabrsk on 12 December

2007 and arriving in Mombasa on 12

January 2008. The Ukrainian company,

Phoenix Transport Services, which arranged

the arms shipments, told Amnesty

International, “the only reason [for] using

Ace Shipping Co during the vessel’s

chartering is the simplification of

accounting, as the Ukrainian tax legislation

is one of the most complicated in the

world”.

In 2011, armed insurgency and counter-

insurgency operations in the Greater Upper

Nile region of South Sudan, between South

Sudan’s armed forces (SPLA), and armed

opposition groups, resulted in

indiscriminate attacks on civilian

settlements and the forced displacement

of thousands of people. In some instances

neither party made much distinction

between civilian and military objectives as

required under international humanitarian

law. SPLA battle tanks were used to shell

armed opposition forces in civilian areas,

without adequate precautions to avoid

civilian deaths or injuries.

Amnesty International observed three of the

distinctive Ukrainian-made T-72M1 main

battle tanks in Mayom town, Unity State on

24 January 2012. These tanks are completely

unsuitable for urban fighting. They were used

to fire salvos of explosive tank shells without

distinguishing between military and civilian

objects within populated civilian areas.




9

what defInes ammunItIon,ordnanCe and munItIons?

the us munitions list covers categories of

defence articles, services and technology,

including assault rifles, armoured vehicles,

aircraft, and ammunition. ammunition is

deemed significant military equipment,

warranting special export controls because of

its capacity for substantial military utility or

capability. the three main ammunition

categories are: ammunition/ordnance;

missiles, rockets, bombs and mines; and

toxic agents including those used in tear

gas. the us government treats the

international transfer of ammunition as

strictly as the other commodities on the list.

In the current draft arms trade treaty text,

the term ammunition does not include all

munitions. not every state uses the term

“munitions” with the same meaning, but it is

usually understood to cover ammunition and

ordnance of all kinds for use with any

weapon, item or technology; bombs, rockets,

grenades, missiles, artillery shells, firearm

cartridges, mines and torpedoes; explosives,

toxic agents and fuse-setting devices for

military purposes.

the treaty should reflect existing widespread

state practice and explicitly include all

munitions and ammunition in the scope

of the treaty.

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Research by Amnesty International and the

Small Arms Survey found that, in 2007 and

2008, 75 such tanks were delivered in three

shipments from Ukraine via Kenya, destined

for the government of South Sudan, alongside

a large quantity of other artillery, small arms

and light weapons. This was the first time that

Amnesty International researchers confirmed

the use of these tanks in South Sudan.

Amnesty International has repeatedly

urged all governments including the UK

to establish effective registration and

authorization of all arms brokering

and transport services undertaken within

each state’s jurisdiction, and to include this

as a requirement in the ATT. The UK

government should enforce strict controls

on the registration, ownership and reporting

requirements of brass plate companies.

This would enable the authorities to regulate

the arms brokering and transport activities

of such companies, whether or not their

operations are actually based in the UK.

usa supplies ammunition to yemenThe USA is the world’s largest arms

exporter, supplying huge quantities of

bombs, cartridges, explosives, mortars,

missiles and tear gas to over 70 countries.

US and other officials have opposed the

inclusion of ammunition in the definition of

the scope of the ATT, arguing that it is too

sensitive and difficult to report on, even

though they do regulate their own export

and import of ammunition.

All UN Member States involved in the ATT

negotiations agreed that the Treaty should

not cover internal transfers or domestic

sales within a country. Nevertheless, the

National Rifle Association (NRA) has

lobbied hard against an ATT arguing that

it will impose limits on civilian firearms

ownership in the USA. The NRA put

pressure on the US government to also

oppose reporting under the ATT on the

import of firearms ammunition and to

weaken rules to prevent the risk of

diversion.

Not every article of munitions or

ammunition round can be tracked.

However, as a US State Department

Assistant Secretary said on 10 July 2012,

“we track transfers by the pallet or ton, not

by the round, and our typical transfers

involve hundreds of thousands or millions

of rounds”. Furthermore, US legislation

requires a degree of transparency about

ammunition transfers, including reporting

to Congress. Accountability for the use of

weapons, munitions and related equipment

supplied to the recipient country is crucial,

and post-shipment verification is one

essential mechanism for monitoring

whether the articles go to the designated

end-user for the lawful end-use.

transfers of non-standard (non us-made) ammunItIon to yemen

Various types of ammunition are provided to

allied and friendly governments under Foreign

Military Sales (FMS) for training and combat

purposes. The USA also exports “non-

standard ammunition” – ammunition not

manufactured in the USA but sourced,

typically, from former Soviet or Eastern

European countries. The decision to authorize

such exports must be made in accordance




10

Right: Wounded protesters receive help at a

field hospital during clashes with government

forces in Taiz, southern Yemen, in April 2011.

Military forces and police snipers opened fire

on marchers and at least 15 people were killed.

Opposite page: Spent ammunition, Yemen,

2012. The USA is the largest supplier of arms

to Yemen where, in 2011, the security forces

used live ammunition, tear gas, batons and

electric stun guns against peaceful protesters.

with the Arms Export Control Act (AECA), the

Foreign Assistance Act and other statutes and

policies, unless the government of the country

concerned is considered by the US State

Department to engage “in a consistent pattern

of gross violations of internationally recognized

human rights”. The actual export of non-

standard ammunition from another country

is not subject to US licensing procedures.

However, a licence to export the non-standard

ammunition to the recipient country will be

issued in the country where the ammunition is

purchased. This ammunition is not registered

as an import or export in US customs data

because it will not physically pass through US

territory, therefore it will not be captured by

the US Automated Export System, the USA’s

most important transparency tool for recording

all exports from the USA including

government-to-government FMS. Amnesty

International and others, including the US

Government Accountability Office, have

questioned the lack of accountability for these

types of third-country transfers.

On 13 September 2012 the US Department

of Defense awarded a contract to the US

company Alliant Techsystems Inc for

delivery of non-standard munitions for

“foreign governments and international

organizations eligible for the transfer of

military defense articles”. The contract has

a maximum potential value of over US$236

million. The recipients will include the

Afghan National Police and Army, Iraq,

Philippines, Yemen, Uganda, and other

various undisclosed countries. Amnesty

International has raised human rights

concerns about the serious misuse of

weaponry, munitions and related

equipment by security forces in these

named countries.

The contract for Yemen lists 1 million

rounds of sniper rifle ammunition, 25,000

40mm OG-7V HE Frag rockets for RPGs,

and 12,500 82mm mortar bombs. The USA

has become the largest supplier of military

equipment to Yemen, and in 2011 delivered

arms worth US$4.8 million to the Yemeni

government under FMS. During that year,

the Yemeni security forces used live

firearms ammunition, tear gas, batons

and electric stun guns against peaceful

protesters. One of the most serious

incidents occurred on 18 March, when

dozens of people died and over 200 were

injured after co-ordinated attacks on

demonstrators gathered near Sana’a

University by snipers on rooftops and

security forces on the ground. On 7 July

2012 at least three people were killed after

Central Security Forces and snipers opened

fire on a peaceful demonstration and march

in the port city of Aden. A fourth man died

later of his injuries and up to 18 were

reported to have been injured.

In the conflict in Abyan, Yemeni government

forces used aircraft and artillery attacks in

residential districts to try to regain control of

areas that had fallen to Ansar al-Shari’a, an

armed group affiliated to al-Qa’ida in the

Arabian Peninsula (AQAP). Scores of

civilians, including children, were killed and

many more injured. Abuses committed by

Ansar al-Shari’a included: recklessly

exposing civilians to harm by storing

ammunition and explosives in crowded

residential areas; initiating attacks from

the immediate vicinity of inhabited houses;

apprehending, holding and ill-treating

civilians; restricting access to medical care;

and heavy use of mines and booby traps.

Amnesty International has called on the US

government to halt all arms transfers to




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Yemen that are likely to be used to commit

or facilitate serious violations of international

human rights law or international

humanitarian law. Furthermore, to prevent

other states from allowing such arms

transfers, the US government should

support the inclusion of meaningful

provisions such as strong criteria on

international human rights and

humanitarian law to regulate the transfer

of all munitions including ammunition in

an ATT. Effective measures to stop the

diversion of munitions by any country

should also be included in the ATT.

conclusionThese examples of international arms

transfers by the Permanent Five states, as

well as many more by other arms trading

countries show why a strong Arms Trade

Treaty is needed. The absence of global

standards to control the arms trade between

countries needs to be addressed urgently

and is costing hundreds of thousands of

lives and blighting the livelihoods of millions

of people every year.

To be effective the ATT must have a

“Golden Rule” to require all States Parties

to refuse, suspend or revoke authorization

of an international transfer of arms that

poses a substantial risk of being used to

commit or facilitate serious violations of

international human rights law or

international humanitarian law. It should

also be expressly prohibited under any

circumstances for a State Party to aid or

assist another state with conventional

arms knowing the arms would more likely

than not be used by the receiving state to

commit war crimes or serious violations of

human rights that are crimes under

international law, such as extrajudicial

killings, enforced disappearances and

torture.

The scope of the ATT should also include

all types of weapons and munitions for

use in military and internal security

operations, as well as related equipment,

parts and technology. Transfers should

include international trade and also gifts.

Brokering, transport and financial services

for international arms transfers must be

regulated. Annual reports should cover

data on all transfers and activities and

be open to public scrutiny. No opt outs

should be allowed. These strong rules

would help save many lives and protect

livelihoods from irresponsible arms

transfers.

The ATT is not a panacea, but its

achievement is an essential part of the

solution to achieve a much more secure

world for billions of people.

Amnesty International would like to

express its gratitude to the International

Peace Information Service vzw and the

Omega Research Foundation for their

contribution to the research in this briefing.

amnesty international is a global movement of more than 3 millionsupporters, members and activists in more than 150 countries andterritories who campaign to end grave abuses of human rights.

our vision is for every person to enjoy all the rights enshrined in theuniversal declaration of human rights and other international humanrights standards.

we are independent of any government, political ideology, economic interestor religion and are funded mainly by our membership and public donations.

Index: aCt 30/001/2013english

march 2013

amnesty InternationalInternational secretariatpeter benenson house1 easton streetlondon wC1X 0dwunited Kingdom

amnesty.org

Above left: During the July 2012 Arms Trade

negotiations at the UN, Amnesty International

erected gravestones in New York City to raise

awareness about the impact of the unregulated

trade in weapons.

Above right: Amnesty International Mexico

parked a yellow tank in front of the US

Embassy in Mexico City to protest at the USA’s

opposition to including ammunition in the

scope of the July 2012 Arms Trade

negotiations at the UN.

Front cover: A man gestures helplessly in front

of houses destroyed during a Syrian Air Force

strike in Azaz, 47km north of Aleppo, August

2012. © REUTERS/Goran Tomasevic

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